Mithilesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14579 of 2013 Arising Out of PS.Case No. -899 Year- 2011 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mithilesh Kumar S/O Bindwashini Sharma Resident Of VillageAmawaliya, Police Station- Bagaha, District- West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Anand Kumar Chaudhary S/O Gauri Shankar Chaudhary Resident Of Village- Bagahi Ratanpur, Police Station- Bairia, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner instigated the complainant and others to invest in a private banking company but subsequently the bank got closed and the money of the complainant was not returned.

Patna High Court Cr.Misc. No.14579 of 2013 (5) dt.06-02-2015 2/3 It is submitted by learned counsel for the petitioner that the petitioner was in no way connected with the management of the financial company and there is nothing on record to show that the petitioner persuaded the complainant to deposit money.

Notices were issued to the complainant vide order dated 2.5.2013 but it appears that none appears on behalf of the complainant.

It is further submitted that petitioner was also a poor investor in the said financial company and similarly situated accused Anil Kumar has been granted anticipatory bail vide Cr. Misc. No. 28495 of 2013. It is orally submitted that the petitioner has no criminal antecedent. Considering the fact that there is no averment in the petition with regard to the criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Bettiah in connection with Complaint Case No. 899 of 2011 subject to the conditions as laid down under

Patna High Court Cr.Misc. No.14579 of 2013 (5) dt.06-02-2015 3/3 Section 438(2) Cr.P.C. provided he has no serious criminal antecedent.

(Dinesh Kumar Singh, J) Anil/- U T